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Town Of Greenburgh Agrees To Amend Town Policy That Unlawfully Denied Jobs To Certain Class Of Applicants With Felony Convictions

Schneiderman: Illegal Barriers Denied Jobs To Felony Offenders

NEW YORK – Attorney General Eric T. Schneiderman today announced an agreement with the Town of Greenburgh to amend a policy, initially adopted in January, which unlawfully disqualified certain individuals for employment with the municipality based solely on criminal history. The policy required the town to review the criminal convictions of any applicant conditionally hired for municipal employment and automatically disqualify those applicants with certain felony convictions, including anyone with a felony conviction within the last 10 years.

“Every New Yorker looking for work should be fairly considered by employers, and not automatically disqualified or denied access to employment opportunities,” Attorney General Schneiderman said. “Those who have served their time have a right to re-enter society free of barriers or roadblocks to employment.”

The Attorney General’s Civil Rights Bureau opened an inquiry into the Town of Greenburgh’s policy after receiving complaints from the Osborne Association, an advocacy organization that works to address the needs of individuals recently released from prison. In response, the Town of Greenburgh amended the background check policy, bringing the municipality into compliance with state law. Going forward, the town will consider the mitigating factors required by state law when determining whether an individual’s criminal history is related to the employment opportunities he or she seeks.

The town policy, adopted in January 2014, violated state law, which requires employers to consider several factors before disqualifying an individual based on his or her criminal record, including the nature and gravity of the conviction, its relation to the duties of the job sought, the amount of time which has passed since the conviction, the age of the applicant when the offense was committed, and any evidence of rehabilitation.

The Town of Greenburgh joins the City of Oswego which, in 2013, reversed a local law that prohibited individuals with felony convictions from obtaining taxi licenses, without first considering several factors required by state law. Further information on that case can be found here. This work is part of the Attorney General’s ongoing work to combat barriers to reentry and to ensure that individuals with prior criminal ! convictions are provided an equal opportunity to reintegrate into society.

Carolina Cordero Dyer of the Osborne Association said, “We applaud the Attorney General for taking action following the complaint that we brought to the attention of his Office’s Civil Rights Bureau. The resulting change better reflects what we know is true about the Town of Greenburgh. That it is a town committed to fairness and doing what is right. We know better than to discriminate based on ethnicity, sexual orientation, and gender; this action by the Attorney General reminds us that we also know better than to discriminate against those with a criminal conviction in their past."

The Attorney General's Office is committed to promoting access to equal employment opportunities and combating discrimination in New York State. To file a civil rights complaint, contact the Attorney General’s Office at (212) 416-8250, civil.rights@ag.ny.gov or visit www.ag.ny.gov.

This matter was handled by Assistant Attorney Generals Sandra Pullman and Ajay Saini of the Attorney General's Civil Rights Bureau, which is led by Civil Rights Bureau Chief Kristen Clarke. The bureau is part of the Social Justice Division of the Attorney General's Office, which is led by Executive Deputy Attorney General Alvin Bragg.